>> what a day. let me know your thoughts on twitter. thanks for watching. here is sheppard. >> the news begins new on "studio b." another rough day for the president's spokesman answering questions over a bag full of controversy. on the irs targeting conservative groups, the speaker of the house says he wants to know who is going to jail. the white house response, there will be consequences. get into all of it coming up. in another part of town on another big story, the president's attorney general has testified about the justice department spying on journalists. eric holder claims he doesn't know much about it. plus, a look at the president's second term. what lawmakers are saying about these stories and issues and whether they might have an affect on the midterm elections. that's all ahead unless breaking news changes everything on "studio b".

first f fox at 3:00 o'clock in new york city, jodi arias said she would prefer the death penalty over life if prison. today attorneys from both sides argued whether death should remain on the table. remember last week the jury found jodi arias guilty of murder in the first degree for the brutal killing of her ex-boyfriend. police said she stabbed him 27 times, shot him and slit his throat. after the verdict, she was put on suicide watch which they lifted on monday. now the jurors have to determine whether there was an aggravating factor in that crime. in other words, was the murder especially heinous, cruel and depraved? watch the defendant's reaction as both sides make their cases. >> the defendant took a knife, a knife she brought and she took this knife and she stabbed him in the chest area. there were three strikes that she delivered as she, according to her testimony, was squatted down. >> there is two issues. it is the pain and mental

anguish of mr. alexander, but it also deals with should jodi arias have known or should she have known or did she know that she was causing this? >> shep: jodi arias tearing up and shaking her head no at the prosecutor. remember, she testified she shot him in self-defense and could not recall the stabbings or the throat slitting, but did remember the shooting. if the jury rules the murder was cruel and depraved, then death will still be an option once the trial hits the penalty phase. trace gallagher is live this hour. the prosecutor called the medical examiner who performed the autopsy on the victim here, trace. >> yeah. the medical examiner did the autopsy. what the prosecution is trying to do is kind of paint a picture for the jury of just how painful that travis alexander's death was, saying he had cuts on both the front and the backs of his hands, clearly showing that he was trying to fend off those numerous blows with that knife, that he punctured -- jodi arias

punctured his heart vein at some point in time, which caused bleeding and symptoms very much like a heart attack. the theme here is that he was alive throughout the entire attack and that he was in great pain. listen. >> regardless of the time it took for all of these stab wounds to take place, was he alive at the time that all of these stab wounds took place? >> yes, i believe he was. >> was he alive when he was stabbed in the heart? >> yes. >> was he alive when he was bag stabbed in the back of the head? >> yes. >> was he alive when he was being stabbed in the back? >> yes. >> how about was he alive, in your opinion, when his throat was slit? >> yes. >> the defendant then took the stand and testified that, or at least they questioned the witness and saying that they believe just because he had adrenaline in his blood during the time of this attack that he was not in great pain. shep. >> shep: the defense didn't call any witnesses? >> the defense only called the medical examiner right now. we're just looking at them. they're wrapping up.

there could be a verdict on this sometime during "studio b." the jury will get th likely in the next couple of minutes and they could return a verdict very quickly. if there is not an aggravating factor, that's it. the jury will then be excused and jodi arias will then be sentenced sometime in the next 30 to 60 days. if there is an aggravating factor, the very same jury will come back and as early as late today, begin the penalty phase into jodi arias, kind of like a mini trial where the families of both arias and alexander will testify and the prosecution could play the interview where jodi arias said she wants to die. listen. >> i said years ago that i would rather get death than life and that's still true today. i believe death is the ultimate freedom, so i'd rather just have my freedom soon as i can get it. >> the prosecution is wrapping right now. the jury will get it. we expect the jury to decide very quickly, shep. >> shep: trace gallagher, thanks a lot. now with us from phoenix, ryan

foster. thanks. isn't it true that if she really does want to face the death penalty, that she could have avoided all of this? >> well, i'm not sure what you mean by avoided all of this. you mean plead out in the first instance? >> shep: yeah, just say hey, kill me? >> well, she certainly could have pled out and pled guilty to first-degree murder. that was going to be the only charge that the prosecution would take. there was never any plea bargaining, anything offered to her. she offered to plead guilty, i believe, to second degree murder, but this was always a murder 1 case. >> shep: my point is, in this phase, in this aggravating phase, couldn't she say, it's all right. kill me? >> well, you know what? that would pose pretty much an ethical issue. but she could have had her attorneys not put on or attack the aggravating phase and her attorneys would have been obligated to follow her direction if that was what she told them to do. i think that the whole spin on

wanting to be put to death was really just to influence or manipulate the jury in some fashion. >> shep: when you look at aggravating and mitigating, these are item which is are spell out and it appears to most court observers that the aggravating circumstances are there. >> yeah. i think that this is a clear case where the cruel, heinous and depraved nature are just overwhelmingly present and i think that the jury is going to come back pretty quickly on the aggravating phase. it's interesting, as long as this trial has taken, both the prosecution and the defense completed the whole aggravating phase in less than three hours. that tells me that both of them believe that this is going to be a pretty quick decision on the jury's part. >> shep: so the jury will decide either the death penalty still on the table or the death penalty is no longer on the table. then what happens next? >> yeah. what will happen next is that they'll begin the mitigation phase. that will be a time when the defense has the burden of

showing any number of reasons why they should not put jodi arias to death. you heard jody in her interview she gave, she indicated her defense attorneys had told her there weren't any mitigating factors. the factors are spelled out by statute and they're saying such as does she have any prior offenses? does they have good character? things of that nature. but when you look at the statutory mitigating factors, there really aren't any that i think are really going to carry the day for her. this is a really tough case for the defense. >> shep: defense attorney brian foster with us from phoenix this afternoon. thanks again. appreciate it. >> thank you, shep. >> shep: let's get to the controversies that are consuming dc today. right now on capitol hill, lawmakers are hammering the attorney general, eric holder n a marathon four-hour hearing. no breaks. house committee is questioning the attorney general over the internal revenue service's targeting of conservative groups at a hearing at a different matter. the justice department snooping on journalists with the

associated press. we'll have more on that ahead. first, the irs, attorney general says he has opened a criminal investigation into the tax agency's targeting of groups associated with the tea party. that as republicans in congress demand to know how deep this scandal goes. listen to the strong words today from the house speaker john boehner. >> my question isn't about who is going to resign. my question is, who is going to jail over this scandal? >> shep: hear that sound bite a lot today. he was reacting to this report from treasury, which indicates the tax agency's targeting may go much farther than first thought. remember, irs officials on friday portrayed this as an isolated problem involving lower level agents in cincinnati. the report shows that some top irs officials in washington were very much aware of the operation as early as two years ago. president obama called the findings intolerable and inexcusable. the white house says that he will meet with treasury officials today to decide on what the next step should be.

mike emmanuel is live on capitol hill for us this afternoon. republicans are demanding the president and the administration officials cooperate with this irs investigation. >> that's right, shep. all 45 republican senators have signed a letter to president obama calling on him to make administration officials available so the american public can have a full accounting of the irs's actions. there has been some talk about the idea of appoint ago special counsel to investigate the irs. the senate republican leader, mitch mcconnell told me earlier today, congress will do its own digging. >> the administration can do what it will if they decide to have a special counsel, fine of the but nothing they do is going to derail a thorough detailed investigation by the congress of the united states and the people, americans elected to this institution to deal with issues like this. >> mcconnell says that he feels like this all shows that this is an administration that

feels like if you speak against the administration, you're an enemy and need to be hit. shep? >> shep: we heard the house speaker say this is criminal and now leading democrats are calling for heads to roll. they want people fired. >> that's right. when you look at the report released by the treasury inspector general, it talks about ineffective management allowing these procedures to be put in place, and to stay in place for a long time. a key house democrat told jenna lee earlier today, it's time for change at the irs. >> report that you've read from the inspector general makes it very clear there was very much mismanagement. there was a failure, i think, for oversight. there was a failure to keep in touch with this congress. that's why i said i thought they should be relieved of those responsibilities. >> levin will be a key figure in a friday hearing up here on capitol hill. those will continue into next week and concerning what most

americans think of the irs, even on a good day, no signs of this story going away any time soon. >> shep: that's for sure. mike at the rotunda on capitol hill. as we reported a minute ago, that congressional committee is also quizzing the attorney general about his agency's snooping on journalists. we'll have the latest on that controversy next. plus, he finally did it. o. j. simpson took the stand today. i sat at home wishing there was wall to wall teen coverage of it. he never disappoints. he's taking the stand in his own defense as he tries to get a new trial in the robbery and kidnapping case. the big highlights from the big man coming up [ male announcer ] in blind taste tests, even ragu users chose prego.

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>> shep: 14 minutes past the hour. back to the tense hearing happening now on capitol hill. the attorney general eric holder, also facing tough questions on the government's snooping on journalists. the attorney general again insisted he had nothing to do with it. >> there has been a lot of

criticism, head of the rnc e fact that i was nottion in in the person who was involved in that decision, but be that as it may, i was recused in that matter. >> shep: this comes after the department of justice admitted it did seize phone records of associated press journalists, cell phones, personal lines, even records of calls to the ap's main switch board. the government never told them about it. the ap's chief accuses of feds of trampling on the constitution and the rights to a free press. and now it seems a lot of lawmakers agreeing. catherine herridge in washington this afternoon. so the attorney general says he took himself out of it and simply just doesn't know anything. >> that's right. a series of direct questions, the attorney general claimed no knowledge of the investigation, nor the decision to seize the ap phone records. >> why was such a broad scope approved? >> i am not familiar with the reasons why the subpoena was constructed in the way that it

was 'cause i'm simply not part of the case. >> it's my understanding that one of the requirements before compelling process from a media outlet is to give the outlet notice. do you know why that was not done? >> i simply don't have a factual basis to answer that question. >> ap was amenable to work with you on this matter. >> again, mr. chairman, i don't know what happened there about with the interaction between the ap and the justice department. i was recused from the case. >> the republican voiced frustration over the ap controversy and what was described at the hearing as a failure of the justice department to take responsibility for mistakes, urging mr. holder and his deputy to learn from history. >> may i suggest that you and maybe mr. cole and a few other people go to the truman library and take a picture of the thing that he had on his desk that said, the buck stops here. >> we also learned that there is no paper trail, no paper record of the attorney general's decision to take himself out or

as they say, recuse himself from the ap case. >> shep: the hearing divided, as everything is right along political lines. >> predictably so. senior democrat slammed the republican leadership as hypocrites. >> this committee's republican leadership demanded aggressive investigation of press leaks, accusing the administration itself of orchestrating those leaks. then members of this committee wanted reporters subpoenaed, put in front of grand juries and potentially grailed for contempt. now, of course, it is convenient to attack the attorney general for being too aggressive. >> earlier today the white house calling on democratic senator charles schumer to resurrect this pressure shield legislation. at the hearingness we heard support from democrats who backed the move. >> this inconsistency on the part of mirin colleagues should not distract us from legitimate questions worthy of congressional oversite. >> to give you context, we are

probably just about two or three hours away from when this will wrap up. so almost five hours on the hill for eric holder. >> shep: not fun. thanks very much. nice to see you. a lot first amendment questions here. let's bring in lucy, the dean of the college of journalism at the university of maryland. nice to see you. thank you. >> pleasure to be here, shep. >> shep: where do you see this? is this all it's being made out to be or what is your thinking? >> this subpoena is truly alarming. we have had subpoenas of this type on a much more limited scale over the years, but nothing that i'm aware of and i've been doing this for 25 years off and on and nothing that would seek this many records over this broad of a period of time from so many different reporters. nothing that was as overall intrusive into the operations of an entire news organization. >> shep: it sounds as if what

would be appropriate and constitutional would be we think persons a, b and c have done something. judge, we'd like to subpoena. and then you have to notify those persons a, b and c that this is happening. this is a whole different situation, isn't it? >> this is a different type of subpoena. this is a procedure that the attorney general guidelines that have been in effect for 40 years allows the justice department to get this particular type of telephone toll record and they are allowed to make a judgment that if the investigation is compromisable, that they can do it and then give notice 45 to 90 days later. what's unusual about this is the scope of how many records they were seeking. it's not the same as a regular subpoena on a reporter where you would say, i would like reporter x to show up in front of a grand jury. you will have the opportunity to

quash this. this is more of a request for data. quite honestly, the government can go after a lot more than this. what's unusual, in my mind about this, is they got notice. >> shep: how much concern do you have that they really can't put the toothpaste back in the tube here? in theory, the government now knows the contacts they've been able to make. that's not how our system is supposed to work. >> i know. they're asking us to trust them, that they're not going to do that. given how broad this particular -- these particular subpoenas have been, i don't know that i would trust them to do it. >> shep: they haven't given us much reason to. not yet, anyway. lucy, the dean of the philip merrill college of journalism, thank you. >> thank you for having me. >> shep: left leaning columnist says president obama needs to become a participant in his own

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>> shep: continuing coverage of the white house's full plate of controversies. the benghazi terrorist attack, the justice department going after ap phone records and the irs targeting conservative groups. during today's white house news briefing, reporters asked the spokesman there, jay carney, about whether trust in government may take a hit now. jay carney said that there are failures and the president will act. but one of the president's strongest ally, congressman charlie rangel said that president obama needs to give more answers. congressman rangel appeared on

msnbc this morning when talking about the associated press story, he said and i quote, the president has to come forward and share why he did not alert the press that they were going to do this. adding, you just can't use national defense as a shield. congressman rangel went on to say that the president should not be doubted, but some other democrats facing election next year are talking tough about the administration. wendell goler was at the briefing and is outside the white house now. what did jay carney say about the president's response to this ap controversy? >> well, we understand the president could not have alerted the press because he didn't know about it. jay carney said it is entirely appropriate, that criminal investigations be independent of any white house. he says the president, attorney general holder talk about policy, but not investigations, which is why the president says he found out about the ap phone records subpoenas from news reports. >> in a case like this when according again to the attorney general that this is an investigation that has to do with an egregious leak of

classified information, it would be doubly inappropriate for other components of the administration to cross that line and to communicate with the justice department about that ongoing investigation. >> mr. obama has been accused of a failure of leadership for finding out from news reports about a number of issues, not just the ap phone subpoenas, but the irs scandal and even the fast and furious gun walking. shep. >> shep: the president has not said whether the justice department crossed the line here, right? >> no, he hasn't. and unlike the irs targeting of tea party groups which the president feels did cross a line and about which he says people should be held accountable. jay carney says the president is a strong defender of the first amendment and believes the press should be able to conduct investigative reporting, but he also adds other responsibilities. >> he also has to, as commander in chief, and as a citizen, be mindful of the necessity of

protecting our national security information, classified information, and that is a balance that he believes we can find and must find. >> he says part of the shield law, which the white house has persuaded chuck schumer to reintroduce in the senate, though carney says that was not as a result of the ap phone story, timing is hard to square with w that. >> shep: it really is. thanks very much. perhaps the most infamous athlete of our time in court and on the stand today. o. j. simpson's quest for a new trial in his armed robbery case. what he claims his former lawyer told him he had the right to do. plus the convicted abortion doctor strikes a deal. the convicted murderer. he was an abortion doctor. he's a murderer now. he struck that deal to stay off death row. you heard about it? we'll give you the details as we approach the bottom of the hour and the top of the news from "studio b" we went out and asked people a simple question:

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i'm on expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls on my own. i'll worry about the economy more than a few times before they're grown. but it's for them, so i've found a way. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your future? we'll help you get there. >> shep: i'm shepard smith. this is "studio b." it's the bottom of the hour. time for the top of the news. o. j. simpson back on the stand today. the former disgraced football star, i should say the former football star now disgraced since he killed his wife and her friend, but he didn't, at least he was found not guilty. anyway, he's trying to get a retrial on this other thing that they locked him up for. the 2008 armed robbery conviction. right now he's serving nine to 33 years in prison for robbing two sports collectors in a vegas

hotel room. he says he was just trying to get his stuff back. stuff he wanted to give to his family. it's a claim he repeated today. >> they belong to my family and my kids. they belong to us. it's on display in our house. like my kids, they have their own place. my older kids have their own places and my younger kids were away at college at this time. some guys selling it, hotel room in vegas. >> shep: he says his former attorney told him on several occasions that he had a right to get back his items. a right to hold people until police came. the juice says he crafted his plan based on the lawyer's advice. >> my lawyer told me, you can't break in the guy's room. i didn't break into anybody's room. i didn't beat up anybody. i didn't try to muscle the guys. i didn't. and the guys acknowledged it was

my stuff. even though they claimed they didn't steal it. >> shep: he also claims he did not know any of his friends had guns that night. but they did. he says he never fathomed in his wild dreams, as he put it, that they would carry weapons and that they even told him they did not have guns. now, o. j. simpson's current lawyers argued the former attorney was incompetent. the former attorney and shouldn't even have been handling that case. the fox report's jonathan hunt covered that trial and at one point visited the hotel room in which it occurred. remind us what supposedly happened in there. >> it was at the palace station hotel, hardly the most selubrious establishment in vegas. but we saw o. j. simpson and his cohorts in that famous security camera video walking through the hotel lobby. they went up to the 12th floor and knocked on the door of the room where those sports memorabilia collectors were at the time. a room we visited back during the trial in 2008.

look at this. >> it the two memorabilia collectors opened the door, o. j. simpson and his posse burst in. o. j. simpson leading the way, essentially backing alfred beards complete bruce up into the corner of the room. the memorabilia was spread right across the bed. o. j. simpson was allegedly screaming expletives, accusing the two collectors of steals items that belonged to him. and o.g. and his friends took the pillow cases off of that bed, put o.j.'s stuff into those pillow cases and high tailed it out of there. >> shep: one of his biggest problems at the time was that one of his friends did have a gun and it came out. he just keeps saying, i didn't know about that. >> yeah. this is part of what his lawyers argued at that trial in vegas, the trial that we all know was surrounded by the unusual circus that attends o. j. simpson everywhere. now, he said and his lawyers repeated that he was in front of his group, so that he had no

idea a couple of them standing behind him were waving guns when they were screaming at those sports memorabilia collectors. that claim didn't save him and so o. j. simpson went off to jail with these famous words. >> i didn't mean to steal anything from anybody and i didn't know i was doing anything illegal. i thought i was confronting friends and retrieving my property. so i'm sorry. i'm sorry for all of it. >> he's still apparently sorry and it's still not his fault. rather the fault of his attorney for telling him it would be allegedly okay to go get his stuff and the fault of those other cohorts of his for bringing guns to a sports memorabilia fight. >> shep: he didn't bring up the trail of blood from rockingham to bundy, did he? >> that wasn't mentioned. >> shep: i'm very interested in that trail of blood. they may have been dead for a long time, but they did. >> good luck getting the real answers on that one. >> shep: i know the real answers on that one. thank you. at the center of this week's

hearing, whether o.j.'s former attorneys botched the 2008 case. those attorneys include the man simpson claims told him that he could get his stuff back, that's yale gallanter. he says his lawyer constantly asked for more money, which lawyers do. totaled hundreds of thousands of dollars. simpson says he thought the costs were a bit high, but that he trusted his attorneys. >> i thought it was kind of expensive, but i spent a lot of money on lawyers, you know. this was nothing, you know, compared to what i had to spend in the past on lawyers. it was more because it was coming out of my pension. yale makes no bones to let everybody that works with him know that he's the guy that's in charge and it goes through him. he would tell me often not to talk to them, just talk to him. >> shep: yale gallanter is set to testify later this week. let's bring in mercedes cohen to look through this thing.

i'm so glad he's back. if what he says is true, and he can prove it and the judge believes it, he probably does get a new trial. >> he may well. the big stretch that this man may actually come across credible. especially 'cause -- >> shep: i didn't say whether he was credible or not. but if what he says is true. >> when all else fails, blame the lawyers. if the lawyer gives you bad advice, you crater, the lawyer is to blame. >> shep: absolutely. >> the one issue that may get him a new trial is the fact that he said hey, yale didn't tell me there was a plea deal. if yale had told me there was a plea deal, i would never have gone to trial because that's the best in his wheel house. another person said wait, i wanted to testify. yale told me i couldn't testify, so i didn't testify. but had i taken the stand, i would have been able to prove my innocence and i wouldn't be in this situation i'm in. >> shep: so many court observers and just people walking around are under the impression that this is more about pay back for the dead wife and the dead wife's friend.

>> pretty amazing that he's serving nine to 33 years for this? >> shep: even when it happened in 2008, jonathan, remember, it was like, really? >> it was pretty amazing. there was so little energy because the day he was convicted of this crime was the tenth anniversary of his pan race of the murders of ron and nicole. >> shep: i remember standing in front of the courthouse in downtown los angeles and the crowds were gathered and you just felt like you didn't know what was about to happen if he was found guilty. if it doesn't fit, i suppose. this time, this procedure will go on for a couple of days? >> by the end of the day. now there is another wrinkle here because when yale's former partner, who was his co-counsel at the time testified already and threw yale under the us and said yale was all about the media. he's like hey, you want to be on tv? come on, let's do this trial together. and when his co-counsel said, we need some experts, yale said, we don't have money for experts. some of that stuff will come in because it all goes down to

ineffective counsel and now these two lawyers are fighting each other. it's all on -- it all depends on what yale says. >> shep: the circus used to follow o.j., but from what i'm hearing, it's not as big a deal. i guess he's gotten fat and gray and old and nobody likes him. >> nobody much cares anymore. they're glad he went away. he's had both sides of the legal world, the dream team of johnny cochran and now he says the clowns of yale gallanter. >> shep: i care. he called me once. listen. >> i want to call for one reason, you are a liar. >> shep: would you take lie detector? >> not for you, i won't. >> shep: how about for the f.b.i.? >> if i can benefit from it, i will. if not going to benefit. >> shep: he would not have benefited. >> dance monkey, that's a good one. >> i'm impressed by selubrius.

>> shep: it's trending on twitter. >> i have no idea what it means. >> sounds good. >> shep: it sounds great. thanks. philadelphia court gave the abortion doctor a third life sentence today for killing a baby he reportedly described as being so big, the n. would, quote, walk to the bus. jurors convicted dr. gosnell monday of murder in the first degree of three babies born at his clinic. one juror says the most difficult part of the trial really was looking at those awful photos. >> it's hard foe for me into words, but seeing those photos and having to say to myself, this did happen to those kids, there were children that died at the hands of this man. >> shep: this man, kermit gosnell, got two life sentences yesterday and a deal with prosecutors that allows him to escape the death penalty. the 12-year-old charged with stabbing his eight-year-old sister, stabbing and killing her and then blaming it on an intruder who never existed appears now for the first time in court. that's ahead.

plus i'm just getting this, the "new york times" is now reporting nasa's kepler spacecraft is in jeopardy after a malfunction. this is breaking news that's just coming in. this is from astronomers. we'll get to the bottom of that at some point as well. the dow, we're heading for another record ♪ [ femalannouncer ] from more efficient payments. ♪ to more efficient pick-ups. ♪ wireless is limitless.

[ female announcer ] from meeting customer needs... to meeting patient needs... ♪ to wireless is mitless.s... >> shep: 16 minutes before the hour. 12-year-old boy accused of stabbing to death his eight-year-old sister in their central california home just

moments ago made his first appearance in juvie. prosecutors charged him with murder in the second degree. that means they do not need to prove that he planned the crime. investigators say the 12-year-old initially said a long haired intruder stabbed his sister late last month and that he scared away that intruder. just yesterday we got really chilling 911 call from the stepmother who was not at home at the time. >> my children are at home alone and a man just ran out of my house. my older son was in the bathroom and my daughter started screaming. and he came out, there was a man inside of my house. the man is gone. they said he ran off. >> shep: police launched a 15-day manhunt for this supposed intruder who never existed. claudia cowan is live in our san francisco news room. it sounds like the mother had no idea about any of this. >> that's right. at that point actually leila's stepmother had no reason to think anything had happened beyond a break-in.

there was a second 911 call when dispatchers called the home and spoke to the boy until officers got there. that call has not been released. but even as they mourn the loss of their daughter, the fowler family is standing by the son accused of killing her. >> i'm with my brother 100%, you know. that's all i got to say. we were just trying to be positive. >> everybody knows i love all my kids. i have a lot of them. i love them all. i love them all the same. always have. >> that's barney fowler. he says he wants to see the evidence against his son. sources close to the case tell our fox affiliate in sacramento that blood and fingerprints found in leila's bedroom do, in fact, belong to her 12-year-old brother. they say dna tests confirm it. shep. >> shep: what's the latest with the legal proceedings in this case? >> the boy will be tried as a minor. his family was seen entering the courthouse for this morning's arraignment which was not open to the media and was continued for two more weeks. the boy is being held at a

juvenile detention facility in nearby el dorado county. his lawyer says he hopes to get him released on bail so he can return to his family. because of his age, we have blurred his face in this picture with leila taken during a family camping trip. the fowlers' attorney characterizing this as a unique case and just before he was hired, he said something interesting. says that the boy's background and psychological make-up would be, quote, vitally important for anybody reviewing the appropriate sentence for him. shep. >> shep: claudia, thanks very much. the plan who police say kidnapped three women in cleveland and held them captive and raped them for nearly a decade will plead not guilty. the suspect is this man, ariel castro. he says people are portray -- his lawyer says people are portraying him as a monster, but that's not the impression he got. another of castro's lawyers says his client is a human being and that those women and media want to demonize castro before people get the whole story. they say that will come out as

the case continues. the whole story. we have a lot of it. the military said it happened again, accusations of assault against an officer whose job was to help prevent sexual assaults. details from the back to back cases. this is another one from the one on which we were reporting last week. and we'll hear from lawmakers and what they say they want done about it

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>> shep: following a tense situation outside los angeles. here is the deal, police say they found components for explosive devices inside some guy's apartment. the bomb squad and haz-mat team have been searching through that apartment in the town of culver city. police say they pulled a man over and found a, quote, liquid type explosive device in his

car, unquote, along with gun and drugs. they now say he is cooperating with investigators. >> this isn't an individual tied with terrorism. it's an individual that appears to be intrigued with explosive devices and created some. >> shep: police have evacuated four buildings in the area. several streets are closed. for the second time this month, a member of the united states military who was supposed to be helping prevent sexual assaults stands accused of sexual assault. yes, it's happened again. this time it's an army sergeant who worked as a sexual assault prevention coordinator at fort hood in texas. the sergeant case comes after an air force officer with a similar role was charged last week with groping a woman in a parking lot. peter doocy in dc for us. what exactly is this officer in texas accused of doing? >> a source on capitol hill told me this afternoon the investigation into the soldier at fort hood includes allegations of forcing someone into prostitution and sexually

sexually assaulting two others. the sergeant first class whose name we still do not know, hasn't been charged with anything yet, but the brass at the pentagon is very upset at these reports. secretary of defense chuck hagel apparently just found out about this second case yesterday in and his press secretary described hagel's feeling as frustrated, angry and disappointed, while adding that sexual assault is a crime and will be treated as such, the safety, integrity and well-being of every service member and the success of our mission hang in the balance. the pentagon also says secretary hagel is now directing all the armed services to round up every single one of these sexual assault prevention and response coordinators so they can be rescreened, retrained and recredentialed. shep. >> shep: how quickly should we expect charges against this soldier, or should we? >> this case is urgent, according to the pentagon. no charges have been filed yet. but army secretary john mcqueue has already been passed -- tasked with figuring out what happened and defense secretary hagel says he wants

the responsible parties dealt with appropriately. now, congress is also trying to do their part in a more general way with chairman buck mckeon promising, quote, as we write this year's annual defense bill, combating sexual assault will be a cornerstone of our legislation and we will not stop until we stop this behavior in its tracks and we also now are hearing the top democrat on the house armed services committee, congressman adam smith, say that he thinks preventing sexual assault in the military must be a priority in the next budget as well. that's bipartisanship. >> shep: peter doocy live in washington, thanks. cops can be so helpful. like the one here in new york city, he climbed a tree to rescue a little kitty cat. it's what's next that you're going to like come here, boy.

♪ there you go. come on, let's play!

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what is it? >> first chucker, a 7 minute period. they play a total of two hours, each period broken down to 7 minutes. it's stupid. it's also a game best played fully clothed. even though they're chasing one ball. >> shep: this just happened. then there is this, before we wrap it up, when it comes to rescuing cats in trees, leave it to the experts. a spokesman for the new york city fire department says a crew responding to a call regard ago cat up a tree, but not called to get the cat. they were called to get the new york city police officer who climbed up the tree to get the cat and couldn't get down. he was unable to move. he could go up, but he couldn't go down, much like a cat. firefighters showed up and raised their ladder to bring the cop and the cat back to the ground. according to a lot of witnesses on scene, they took their sweet time about it. laughed the whole way.

the dow had a great day. we're going to close with another record on the dow and another record on the s & p 500. google shares are above 900 as they've launched the music thing. i don't know what it is. this guy probably knows. i'm sure there must have been a good reason why only the two and from parts were -- >> yes, you didn't want us to see the detail. >> how does the president say with a straight face you americans should trust the government. >> i'm going to stop talking now. >> mr. chairman, would you inform the witness as to the rules of this committee. >> too consistent with the way in which you conduct yourself as a member of congress. it's unacceptable and it's shameful. >> my question, are you willing to release the e-mails? >> i forgot to comment to go under the second part. >> saying i can't comment has become the fifth amendment of politics for this administration. >> man oh, man, here we go